Disposed

Radhakant Yadav S/O Late Sudhist Narayan Yadav v. the Union of India and Ors.

Bombay HC24 Jan 2018APPI/10/2014

Case brief

AI extract

What is this about?

The Bombay High Court dismissed a seven-year pending Public Interest Litigation concerning the 2008 terrorist attacks. The court held that after the responsible terrorist was apprehended, tried, sentenced to death, and executed, the PIL served no further purpose and was disposed of along with pending criminal applications.

What did the court decide?

The PIL and all pending criminal applications were disposed of; no directions were issued.

Radhakant Yadav S/O Late Sudhist… — Constitutional and Fundamental Rights | Bombay HC (2018)

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vikrant 1/2 908-CRPIL-24-2012.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL PUBLIC INTEREST LITIGATION NO. 24 OF 2012 WITH CRIMINAL APPLICATION NO. 10 OF 2014 IN

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CRIMINAL PUBLIC INTEREST LITIGATION NO. 24 OF 2012 WITH CRIMINAL APPLICATION NO. 11 OF 2014

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CRIMINAL PUBLIC INTEREST LITIGATION NO. 24 OF 2012 WITH CRIMINAL APPLICATION NO. 55 OF 2016 IN

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CRIMINAL PUBLIC INTEREST LITIGATION NO. 24 OF 2012

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Shri. Radhakant Yadav ... Petitioner

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Vs.

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The Union of India & Ors. ... Respondents

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Mr. M. S. Mohite, Amicus Curiae a/w Mr. S. R. Phanse, Advocate appointed to assist the Amicus Curiae for the Petitioner. Mrs. P. P. Shinde, APP for Respondent-State. Mr. Rupesh Lanjekar i/by Mr. M. L. Patil for Respondent No.4.

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CORAM : S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

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DATE : JANUARY 24, 2018.

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P.C. :

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We have heard Mr. Mohite, learned amicus curiae and perused the Petition and all the annexures thereto. We have perused the prior orders. The Public Interest Litigation was listed on several occasions and dismissed for default on more than one.

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vikrant 2/2 908-CRPIL-24-2012.odt

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It was again restored. We have found from the allegations that the petitioner relies upon some work which is a book by the author stated to be a police official and involved in the operations in which the terrorists were gunned down. These terrorists attacked three or four installations including a vital one at VT (the main line railway station) and Cama & Albless Hospital. The terrorist, who was involved and responsible for the attack was nabbed/arrested, tried and sentenced to death. That death sentence has since been executed after the accused lost the battle right up to the Hon'ble Supreme Court of India, we do not think that the PIL which is pending for more than seven years and highlighting an episode and incident of the year 2008 should now be entertained any further. On account of the subsequent developments, we do not think that we should issue any directions. It is open for all those who have the remedies available to them in law to seek such reliefs as are permissible thereunder. As a Court of law and being the highest Court in the State, we do not think that we are obliged to direct any investigation and after the above noted events. The PIL is therefore disposed of. All pending Criminal Applications are also disposed of.

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(SMT. BHARATI H. DANGRE, J.) (S. C. DHARMADHIKARI, J.)

Radhakant Yadav S/O Late Sudhist Narayan Yadav v. the Union of India and Ors.

Case brief

What is this about?

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Radhakant Yadav S/O Late Sudhist Narayan Yadav v. the Union of India and Ors.

Case brief

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What did the court decide?

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